Louis Vuitton Malletier vs Xqzit Sotre
2015 Latest Caselaw 3853 Del

$~50
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1667/2013
       LOUIS VUITTON MALLETIER                         ..... Plaintiff
                      Through : Mr. Dhruv Anand, Advocate


                         versus


       XQZIT SOTRE                                   ..... Defendant
                         Through : Mr. Ajay Kumar Aggarwal, Advocate


       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 14.05.2015

I.A. No.10152/2015 (joint application u/O XXIII R-3 CPC)

1. The present application has been filed by the parties stating inter

alia that they have arrived at an out of court settlement during the

pendency of the present proceedings. The terms and conditions of the

settlement are set out in para 2 of the application, whereunder the

defendant has given a series of undertakings to the plaintiff.

2. It is stated that in terms of the settlement arrived at between

the parties, the defendant has undertaken to pay a sum of

Rs.90,000/- to the plaintiff towards damages and part litigation costs.

Counsel for the plaintiff states that the aforesaid amount has been

received from the defendant and in terms of the undertakings given by

the defendant, the plaintiff has agreed to forego the reliefs prayed at

prayers (e), (f) & (g) of the plaint.

3. Counsels for both the parties state that the suit may be decreed,

in view of the settlement arrived at between the parties and recorded

in the present application.

4. The court has perused the application. The same has been

signed by the constituted attorney of the plaintiff and their counsel as

also by the proprietor of the defendant No.1 and their counsel. The

application is supported by the affidavits of the signatories to the

application.

5. As counsels for the plaintiff and the defendant jointly state that

their clients have arrived at the aforesaid settlement of their own free

will and volition and without any undue influence or coercion from any

quarters, there appears no legal impediment in accepting the

settlement. The parties shall remain bound by the terms and

conditions of the settlement recorded in the application.

6. The suit is decreed in terms of the settlement arrived at and

recorded in the application, while leaving the parties to bear their own

costs.

7. Liberty is granted to the plaintiff to remit the sum of Rs.90,000/-

received from the defendant towards damages/part litigation costs to

the plaintiff, as may be permissible in law.

8. The suit is disposed of. File be consigned to the record room.

HIMA KOHLI, J MAY 14, 2015 sk/mk